Local Government and Public Involvement in Health Act 2007

• (i) adding to it any person who has functions of a public nature;

• (ii) removing from it any person for the time being mentioned in it; or

• (iii) adding to subsection (4)(i) any function of the Secretary of State or removing from it any function for the time being mentioned in it; and

• (b) make such other amendments of this section as appear to him to be necessary or expedient in consequence of provision made under paragraph (a).

• (8) Before making an order under subsection (7) the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.

“Local improvement targets”: interpretation

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to prepare and submit draft of a local area agreement

106

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Approval of draft local area agreement by Secretary of State

107

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Duty to have regard to local improvement targets

108

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Designated targets

109

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Revision and addition of targets

110

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Designated targets: revision proposals

111

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Approval of revision proposal

112

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Duty to publish information about local area agreement

113

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Preparation of community strategy

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders under Part 1 of Local Government Act 2000: Wales

115

• (1) Part 1 of the Local Government Act 2000 (promotion of economic, social or environmental well-being etc) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In section 6 (power to modify enactments concerning plans etc)—

• (a) in subsection (1), at the end insert “so far as that enactment has effect in relation to a local authority in England”;

• (b) in subsection (2)(a) and (b), after “authorities” insert “ in England ”;

• (c) in subsection (2)(c), after “authority” insert “ in England ”; and

• (d) omit subsections (5) and (6).

• (6) In section 7 (power to modify enactments concerning plans etc: Wales)—

• (a) in subsection (1)—

• (i) for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

• (ii) for “to which subsection (2) applies” substitute “ (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter ”;

• (b) omit subsection (2);

• (c) in subsection (4), for “the National Assembly for Wales considers” substitute “ the Welsh Ministers consider ”; and

• (d) omit subsection (6).

• (7) At the end of that section insert—

(8) An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence. (9) For the purposes of subsection (8), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted. (10) Subject to subsection (11), a statutory instrument which contains an order under this section is not to be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales. (11) A statutory instrument containing an order under this section which is made only for the purpose of amending an earlier such order— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

.

• (8) In section 9 (procedure for orders under section 5 or 6)—

• (a) in subsection (2), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”; and

• (b) in subsection (3)(d), for “the National Assembly for Wales” substitute “ the Welsh Ministers ”.

• (9) After section 9 insert—

(9A) (1) Before the Welsh Ministers make an order under section 7 they must consult— (a) such local authorities in Wales, (b) such representatives of local government in Wales, and (c) such other persons (if any), as appear to them to be likely to be affected by their proposals. (2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 7 they must lay before the National Assembly for Wales a document which— (a) explains their proposals, (b) sets them out in the form of a draft order, and (c) gives details of consultation under subsection (1). (3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 7 to give effect to the proposals (with or without modifications) is to be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid. (4) In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly is dissolved or is in recess for more than four days. (5) In preparing a draft order under section 7 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3). (6) A draft order under section 7 which is laid before the National Assembly for Wales must be accompanied by a statement of the Welsh Ministers giving details of— (a) any representations considered in accordance with subsection (5), and (b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2). (7) Nothing in this section applies to an order under section 7 which is made only for the purpose of amending an earlier order under that section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description.

Health and social care: joint strategic needs assessments

116

• (1) An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

• (2) A further assessment of relevant needs in relation to the area of a responsible local authority—

• (a) must be prepared if the Secretary of State so directs; and

• (b) may be prepared at any time.

• (3) A direction under subsection (2)(a) may be revoked.

• (4) It is for—

• (a) the responsible local authority, and

• (b) each of its partner integrated care boards,

to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

• (5) The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

• (5A) The responsible local authority must give a copy of each assessment of relevant needs prepared under this section to any integrated care partnership established under section 116ZA whose area coincides with or includes the whole or part of the area of the responsible local authority.

• (6) For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area of a partner integrated care board if there appears to the responsible local authority and the partner integrated care board to be a need or to be likely to be a need to which subsection (7) applies.

• (7) This subsection applies to a need—

• (a) which—

• (i) is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

• (ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; or

• (b) which—

• (i) is capable of being met to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; and

• (ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

• (8) In preparing an assessment under this section, the responsible local authority and each of its partner integrated care boards must—

• (a) co-operate with one another;

• (b) have regard to any guidance issued by the Secretary of State;

• (ba) involve the Local Healthwatch organisation for the area of the responsible local authority;

• (bb) involve the people who live or work in that area; and

• (c) if the responsible local authority is a county council, involve each relevant district council.

• (8A) In preparing an assessment under this section, the responsible local authority or a partner integrated care board may consult any person it thinks appropriate.

• (9) In this section—

• “partner integrated care board”, in relation to a responsible local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the authority;

• “relevant district council” means—in relation to a responsible local authority, any district council which is a partner authority of it; andin relation to a partner integrated care board of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within the area of the integrated care board.

Interpretation of Chapter

117

In this Chapter—

• ...

• ...

• ...

• “partner authority”, in relation to a responsible local authority, has the meaning given by section 104;

• “responsible local authority” has the meaning given by section 103;...

• ...

Transitional provision

118

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Offender Management Act 2007 (c. 21) is amended as follows.

• (4) In paragraph 5 of Schedule 3 (which adds functions of the Secretary of State in relation to probation services to the functions in relation to which the Secretary of State is a partner authority)—

• (a) in sub-paragraph (1), for “Section 80” substitute “ Section 104 ”;

• (b) in sub-paragraph (2), for “subsection (3)(g)” substitute “ subsection (4)(i) ”; and

• (c) in sub-paragraph (3), in the inserted subsection (5A), for “subsection (3)(g)(iv)” substitute “ subsection (4)(i)(iv) ”.

• (5) In Part 1 of Schedule 5 (repeals relating to probation services), in the entry relating to this Act—

• (a) for “section 80(3)” substitute “ section 104(4) ”; and

• (b) for “(g)(ii)” substitute “ (i)(ii) ”.

Chapter 2 — Overview and scrutiny committees

Reference of matter by councillor to overview and scrutiny committee

119

After section 21 of the Local Government Act 2000 (c. 22) insert—

(21A) (1) Executive arrangements by a local authority must include provision which— (a) enables any member of an overview and scrutiny committee of the authority to refer to the committee any matter which is relevant to the functions of the committee, (b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee, and (c) in the case of a local authority in England, enables any member of the authority to refer to an overview and scrutiny committee of the authority of which he is not a member any local government matter which is relevant to the functions of the committee. (2) For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee. (3) In considering whether to exercise the power which he has by virtue of subsection (1)(c) in any case, a member of an authority must have regard to any guidance for the time being issued by the Secretary of State. (4) Guidance under subsection (3) may make different provision for different cases. (5) Subsections (6) to (8) apply where a local government matter is referred to an overview and scrutiny committee by a member of a local authority in accordance with provision made pursuant to subsection (1)(c). (6) In considering whether or not to exercise any of its powers under section 21(2) in relation to the matter, the committee may have regard to— (a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and (b) any representations made by the member as to why it would be appropriate for the committee to exercise any of its powers under section 21(2) in relation to the matter. (7) If the committee decides not to exercise any of those powers in relation to the matter, it must notify the member of— (a) its decision, and (b) the reasons for it. (8) The committee must provide the member with a copy of any report or recommendations which it makes to the authority or the executive under section 21(2) in relation to the matter. (9) Subsection (8) is subject to section 21D. (10) In this section “local government matter”, in relation to a member of a local authority, means a matter which— (a) relates to the discharge of any function of the authority, (b) affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, and (c) is not an excluded matter. (11) In subsection (10)(c), “excluded matter” means any matter which is— (a) a local crime and disorder matter within the meaning of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (b) a matter of any description specified in an order made by the Secretary of State for the purposes of this section.

Power of overview and scrutiny committee to question members of authority

120

• (1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees), in subsection (13), before “and” immediately following paragraph (a) insert—

(aa) may require any other member of the authority to attend before it to answer questions relating to any function which is exercisable by the member by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England),

.

• (2) In subsection (14) of that section, for the words following “mentioned in” substitute “ paragraph (a) or (aa) of subsection (13) to comply with any requirement mentioned in that paragraph ”.

Powers to require information from partner authorities

121

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 20 of the Police and Justice Act 2006 (c. 48) (guidance and regulations regarding crime and disorder matters), after subsection (6) insert—

(6A) In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to— (a) the discharge, or decisions made or other action taken in connection with the discharge, by the responsible authorities of their crime and disorder functions; or (b) local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.

• (3) In subsection (7) of that section, for “and “co-operating persons and bodies”” substitute “, “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ””.

• (4) In section 244 of the National Health Service Act 2006 (c. 41) (functions of overview and scrutiny committees), after subsection (2) insert—

(2A) In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.

Overview and scrutiny committees: reports and recommendations

122

• (1) After section 21A of the Local Government Act 2000 (c. 22) (inserted by section 119) insert—

(21B) (1) This section applies where an overview and scrutiny committee of a local authority in England makes a report or recommendations to the authority or the executive, otherwise than— (a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (b) by virtue of subsection (3)(a) of that section. (2) The overview and scrutiny committee may publish the report or recommendations. (3) The overview and scrutiny committee must by notice in writing require the authority or executive— (a) to consider the report or recommendations, (b) to respond to the overview and scrutiny committee indicating what (if any) action the authority propose, or the executive proposes, to take, (c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response, (d) if the overview and scrutiny committee provided a copy of the report or recommendations to a member of the authority under section 21A(8), to provide the member with a copy of the response, and to do so within two months beginning with the date on which the authority or executive received the report or recommendations or (if later) the notice. (4) It is the duty of an authority or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice. (5) Subsections (2) and (4) are subject to section 21D and to any provision made under section 22(12A). (6) In this section— (a) references to an overview and scrutiny committee include references to a sub-committee of such a committee; and (b) references to “the authority” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the authority by which the overview and scrutiny committee is established or to the executive of that authority. (21C) (1) This section applies where— (a) a relevant committee makes a report or recommendations to the authority or the executive, otherwise than— (i) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters), or (ii) by virtue of subsection (3)(a) of that section, and (b) the report or any of the recommendations relates to a local improvement target which— (i) relates to a relevant partner authority, and (ii) is specified in a local area agreement of the authority. (2) The relevant committee may by notice in writing to the relevant partner authority require the relevant partner authority to have regard to the report or recommendation in question in exercising their functions. (3) A notice under subsection (2) must be accompanied by a copy of the report or recommendations. (4) It is the duty of a relevant partner authority to which a notice is given under subsection (2) to comply with the requirement specified in the notice. (5) Subsection (2) does not apply if— (a) the relevant partner authority is a health service body, and (b) by virtue of section 244 of the National Health Service Act 2006, the report was, or the recommendations were, made to the health service body (as well as to the authority or the executive). (6) In subsection (5), “health service body” means— (a) a National Health Service trust, (b) an NHS foundation trust, or (c) a Primary Care Trust. (7) Subsections (2) and (3) are subject to section 21D. (8) In this section— - “the authority”, in relation to a relevant committee, means— 1. in the case of an overview and scrutiny committee, the local authority by which it is established, and 2. in the case of a sub-committee of an overview and scrutiny committee, the local authority by which the overview and scrutiny committee is established, - “the executive”, in relation to a relevant committee, means the executive of the authority, - “local improvement target” and “local area agreement” have the same meanings as in Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007 (local area agreements), - “relevant committee” means— 1. any overview and scrutiny committee of— 1. a county council in England, 2. a district council in England, other than a council for a district in a county for which there is a county council, or 3. a London borough council, or 2. a sub-committee of an overview and scrutiny committee within paragraph (a), and - “relevant partner authority”, in relation to a relevant committee, means any person who is a partner authority in relation to the authority for the purposes of Chapter 1 of Part 5 of the Local Government and Public Involvement in Health Act 2007, other than— 1. a police authority, or 2. a chief officer of police; and references to a target relating to a relevant partner authority are to be construed in accordance with section 105(3) of the Local Government and Public Involvement in Health Act 2007. (21D) (1) This section applies to— (a) the publication under section 21B of any document comprising— (i) a report or recommendations of an overview and scrutiny committee, or (ii) a response of a local authority to any such report or recommendations, and (b) the provision of a copy of such a document— (i) to a member of a local authority under section 21A(8) or section 21B, or (ii) to a relevant partner authority under section 21C, by an overview and scrutiny committee or a local authority. (2) The overview and scrutiny committee or the local authority, in publishing the document or providing a copy of the document to a relevant partner authority— (a) must exclude any confidential information, and (b) may exclude any relevant exempt information. (3) The overview and scrutiny committee or the local authority, in providing a copy of the document to a member of the local authority, may exclude any confidential information or relevant exempt information. (4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the local authority, in publishing, or providing a copy of, the document— (a) may replace so much of the document as discloses the information with a summary which does not disclose that information, and (b) must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible. (5) If by virtue of subsection (2), (3) or (4) an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations— (a) excludes information, or (b) replaces part of the report or recommendations with a summary, it is nevertheless to be taken for the purposes of section 21B(3)(c) or (d) to have published or provided a copy of the report or recommendations. (6) In this section— - “confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972 (admission to meetings of principal councils), - “exempt information” has the meaning given by section 100I of that Act, and, in relation to— 1. any report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f), or 2. any response to such a report or recommendations, - “relevant exempt information” means— 1. in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the Local Government Act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered, and 2. in relation to a response of the authority, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered, and - “relevant partner authority”, in relation to an overview and scrutiny committee which is a relevant committee within the meaning of section 21C, has the same meaning as in that section. (7) In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

• (2) In section 22 of that Act (access to information etc), after subsection (12) insert—

(12A) The Secretary of State may by regulations make provision, in relation to— (a) the publication by executives of local authorities in England under section 21B, or under any provision of regulations under section 21E which applies or reproduces (with or without modifications) any provision of section 21B, of responses to reports or recommendations of overview and scrutiny committees and sub-committees of such committees, or (b) the provision by such executives under that section of copies of such responses, which applies or reproduces (with or without modifications) any provisions of section 21D.

Joint overview and scrutiny committees: local improvement targets

123

• (1) The Secretary of State may by regulations make provision under which any two or more local authorities in England may—

• (a) appoint a joint committee (a “joint overview and scrutiny committee”), and

• (b) arrange for the committee to exercise any functions in subsection (2).

• (2) The functions in this subsection are functions of making reports or recommendations to—

• (a) any of the local authorities appointing the committee (the “appointing authorities”), or

• (b) if any of the appointing authorities is a non-unitary district council, the related county council,

about any matter which is not an excluded matter.

• (3) In subsection (2) “excluded matter” means any matter with respect to which a crime and disorder committee could make a report or recommendations—

• (a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny crime and disorder matters), or

• (b) by virtue of subsection (3)(a) of that section.

• (4) In subsection (2) references to making reports or recommendations to a local authority include, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, making reports or recommendations to its executive.

• (5) Regulations under this section may in particular—

• (a) provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified in the regulations;

• (b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—

• (i) section 21(4) and (6) to (12) of the Local Government Act 2000,

• (ii) sections 21A to 21D of that Act, or

• (iii) section 246 of, and Schedule 17 to, the National Health Service Act 2006,

with or without modifications;

• (c) make provision as to information which an associated authority of any appointing authority must provide, or may not disclose, to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).

• (6) In subsection (5)(c) “associated authority”, in relation to any appointing authority, means—

• (a) in the case of an appointing authority which is a non-unitary district council—

• (i) the related county council, and

• (ii) any person who is a partner authority in relation to the related county council;

• (b) in the case of any other appointing authority, any person who is a partner authority in relation to the appointing authority.

• (7) In subsection (6) “partner authority” has the same meaning as in Chapter 1 of this Part except that it does not include a local policing body or a chief officer of police.

• (8) Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

• (9) Any local authority and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to any guidance issued by the Secretary of State.

• (10) In this section—

• “local authority” has the same meaning as in Part 2 of the Local Government Act 2000;

• “non-unitary district council” means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).

Overview and scrutiny committees of district councils: local improvement targets

124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

125

In section 21 of the Local Government Act 2000 (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—

(16) In exercising, or deciding whether to exercise, any of its functions— (a) an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and (b) an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers. (17) Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.

Reference of local crime and disorder matters to crime and disorder committees etc

126

• (1) The Police and Justice Act 2006 (c. 48) is amended as follows.

• (2) In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute—

(3) A local authority must— (a) ensure that its crime and disorder committee has power (whether by virtue of section 21(2) of the Local Government Act 2000 or regulations made under section 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and (b) make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee. (4) For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee. (5) Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b). (6) In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to— (a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and (b) any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter. (7) If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of— (a) its decision, and (b) the reasons for it. (8) Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must— (a) provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and (b) provide a copy of the report or recommendations to such of— (i) the responsible authorities, and (ii) the co-operating persons and bodies, as it thinks appropriate. (8A) Subsection (8B) applies where the crime and disorder committee of a local authority— (a) makes a report or recommendations to the authority by virtue of subsection (3)(a), or (b) provides a copy of a report or recommendations under subsection (2) or (8)(b). (8B) Where this subsection applies— (a) the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and (b) the authority, body or person must— (i) consider the report or recommendations; (ii) respond to the committee indicating what (if any) action it proposes to take; (iii) have regard to the report or recommendations in exercising its functions.

• (3) In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “ this section ”.

• (4) In subsection (11)—

• (a) after the definition of “crime and disorder functions” insert— “ electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983; ”, and

• (b) for the definition of “local crime and disorder matter” substitute—

local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning— (a) crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), or (b) the misuse of drugs, alcohol and other substances, which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

• (5) Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows.

• (6) In subsections (1) and (2), after “under” insert “ or by virtue of ”.

• (7) In subsection (5), omit—

• (a) paragraph (f); and

• (b) sub-paragraphs (i) to (iii) of paragraph (g).

Overview and scrutiny committees: consequential amendments

127

• (1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

• (a) in subsection (2), after “their overview and scrutiny committees” insert “ , and any joint overview and scrutiny committees, ”;

• (b) after that subsection insert—

(2A) In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means— (a) a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities, (b) an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, (c) a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities, (d) an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or (e) a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees: local improvement targets) appointed by a group of partner authorities (within the meaning of that section) which includes the authority concerned.

;

• (c) in subsection (4)—

• (i) after “this section” insert “ , sections 21A to 21C ”; and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) omit subsection (8).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

• (a) in sub-paragraph (i), for “(15)” substitute “ (17) ”; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

• (a) in sub-paragraph (i), for “(15)” substitute “ (17) ”; and

• (b) after that sub-paragraph insert—

(ia) section 21A(1)(a) or (b) or (2) of that Act,

.

Transitional provision

128

• (1) Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in governance arrangements) (which is inserted by section 64) applies (in addition to the cases mentioned in subsection (1) of that section) to a local authority which—

• (a) by virtue of the coming into force of any provision of this Chapter is required to vary its executive arrangements; or

• (b) by virtue of the coming into force of any provision of regulations made under section 32 of that Act (alternative arrangements) by virtue of any provision of this Chapter is required to vary its alternative arrangements.

• (2) In this section, “alternative arrangements”, “executive arrangements” and “local authority” have the same meanings as in Part 2 of the Local Government Act 2000.

Part 6 — Byelaws

Alternative procedure for byelaws

129

• (1) The Local Government Act 1972 (c. 70) is amended as follows.

• (2) In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the section does not apply), after “apply to” insert—

(a) byelaws of a class prescribed by regulations under section 236A, or (b)

.

• (3) After section 236 insert—

(236A) (1) The Secretary of State may, in relation to England, by regulations— (a) prescribe classes of byelaws to which section 236 does not apply, and (b) make provision about the procedure for the making and coming into force of such byelaws. (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following— (a) the enactment under which byelaws are made, (b) the subject-matter of byelaws, (c) the authority by whom byelaws are made, (d) the authority or person by whom byelaws are confirmed. (3) The regulations may, in particular, include provision about— (a) consultation to be undertaken before a byelaw is made, (b) publicising a byelaw after it is made. (4) The regulations may make— (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and (b) different provision for different areas, including different provision for different localities and for different authorities. (5) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (4) In section 237 (offences against byelaws), after “applies” insert “ and byelaws of a class prescribed by regulations under section 236A ”.

Fixed penalties for breach of byelaws

130

• (1) After section 237 of the Local Government Act 1972 (c. 70) insert—

(237A) (1) The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies. (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following— (a) the enactment under which byelaws are made, (b) the subject-matter of byelaws, (c) the authority by whom byelaws are made, (d) the authority or person by whom byelaws are confirmed. (3) Where— (a) an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or (b) an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. (4) A fixed penalty notice under this section is payable to the authority whose officer gave the notice. (5) Where a person is given a notice under this section in respect of an offence— (a) no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and (b) he may not be convicted of the offence if he pays the fixed penalty before the end of that period. (6) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence. (7) A notice under this section must also state— (a) the period during which, by virtue of subsection (5), proceedings will not be taken for the offence, (b) the amount of the fixed penalty, and (c) the person to whom and the address at which the fixed penalty may be paid. (8) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned. (9) Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. (10) The form of a notice under this section may be specified in regulations under subsection (1). (11) In any proceedings a certificate which— (a) purports to be signed on behalf of the chief finance officer of an authority, and (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. (12) In this section— - “authorised officer”, in relation to an authority, means— 1. an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section, 2. any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and 3. any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices, - “chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority. (13) Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section. (237B) (1) The amount of a fixed penalty payable in pursuance of a notice under section 237A is— (a) the amount specified by the authority which made the byelaw, or (b) if no amount is so specified, £75. (2) An authority may specify different amounts in relation to different byelaws. (3) The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2). (4) Regulations under subsection (3) may, in particular— (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations, (b) restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2). (5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b). (237C) (1) If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address. (2) A person commits an offence if— (a) he fails to give his name and address when required to do so under subsection (1), or (b) he gives a false or inaccurate name or address in response to a requirement under that subsection. (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) In this section, “authorised officer” has the same meaning as in section 237A.

• (2) After section 237E of the Local Government Act 1972 (c. 70) (as inserted by section 132) insert—

(237F) (1) Regulations under section 237A or 237B, and an order under section 237B, may make— (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and (b) different provision for different areas, including different provision for different localities and for different authorities. (2) A statutory instrument containing— (a) regulations under section 237A or 237B which amend or repeal any provision of an Act, or (b) an order under section 237B which amends or repeals any provision of an Act, may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament. (3) Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Use of fixed penalty receipts

131

After section 237C of the Local Government Act 1972 (as inserted by section 130) insert—

(237D) (1) “Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A. (2) The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance. (3) A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.

Guidance

132

After section 237D of the Local Government Act 1972 (c. 70) (as inserted by section 131) insert—

(237E) An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about— (a) procedure for which provision is made by regulations under section 236A(1); (b) fixed penalties; (c) anything related to the matters mentioned in paragraph (a) or (b).

Community support officers etc

133

• (1) The Police Reform Act 2002 (c. 30) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Schedule 5 (accredited persons)—

• (a) in paragraph 1 (power to issue fixed penalty notices), after sub-paragraph (3) insert—

(3A) For the purposes of paragraph (f) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to an accredited person, includes an offence under a relevant byelaw within the meaning of paragraph 1A(4) (and, accordingly, the reference in that paragraph (f) to paragraph 1 of this Schedule includes a reference to paragraph 1A of this Schedule).

;

• (b) after paragraph 1 insert—

(1A) (1) This paragraph applies to an accredited person whose accreditation specifies that it applies to him. (2) The accreditation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the accreditation. (3) Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 (fixed penalty notices in relation to offences against certain byelaws). (4) In this paragraph “relevant byelaw”, in relation to an accredited person, means a byelaw which— (a) falls within sub-paragraph (5); and (b) is specified or described in that person's accreditation as a byelaw he has been accredited to enforce under this paragraph. (5) A byelaw falls within this sub-paragraph if— (a) it is a byelaw to which section 237A of the Local Government Act 1972 applies (fixed penalty notices in relation to offences against certain byelaws); and (b) the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph. (6) A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply. (7) The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).

;

• (c) in paragraph 2(3) (relevant offence for the purpose of the power to require giving of name and address), after paragraph (aa) insert—

(aza) an offence under a relevant byelaw within the meaning of paragraph 1A(4); or

;

• (d) in paragraph 9ZA (photographing of persons given fixed penalty notices), after “paragraph 1(2)” insert “ or in exercise of the power mentioned in paragraph 1A(3) ”.

Revocation of byelaws

134

After section 236A of the Local Government Act 1972 (inserted by section 129) insert—

(236B) (1) This section applies to— (a) a local authority; (b) the Greater London Authority; (c) Transport for London; (d) a metropolitan county passenger transport authority. (2) Such an authority may make a byelaw under this section to revoke a byelaw made by the authority. (3) The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw. (4) The confirming authority in relation to a byelaw made under this section shall be— (a) in relation to a byelaw made by a local authority in Wales, the Welsh Ministers; (b) in relation to any other byelaw, the Secretary of State. (5) The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary. (6) The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary. (7) An order under this section may make— (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and (b) different provision for different areas, including different provision for different localities and for different authorities. (8) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. (9) Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales. (11) Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Further amendments relating to byelaws

135

Schedule 6 (further amendments of the law relating to byelaws) has effect.

Part 7 — Best value

Best value authorities

Parish councils and community councils etc not to be best value authorities

136

• (1) In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—

• (a) in subsection (2) (definition of local authority in relation to England), in paragraph (a), for “, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council” substitute “ or a London borough council ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in subsection (7) (definition of local authority in Wales), for “, county borough council or community council” substitute “ or county borough council ”.

• (2) In section 2(2) of that Act (authorities to which best value duties may be extended), omit paragraph (a) (local precepting authorities).

• (3) Schedule 7 (consequential amendments) has effect.

Duties of best value authorities

Guidance about general best value duty

137

In section 3 of the Local Government Act 1999 (c. 27) (best value authorities: general duty), for subsection (4) substitute—

(4) In deciding— (a) how to fulfil the duty arising under subsection (1), (b) who to consult under subsection (2), or (c) the form, content and timing of consultations under that subsection, an authority must have regard to any guidance issued by the Secretary of State.

Involvement of local representatives

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of performance indicators etc except for Welsh authorities

139

• (1) Immediately before section 4 of the Local Government Act 1999 (c. 27) insert “ Duties: Welsh best value authorities ”.

• (2) In section 4 of that Act (performance indicators and standards)—

• (a) in subsection (1)(a), for “best value authority's” substitute “ Welsh best value authority's ”;

• (b) in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities” substitute “ Welsh best value authorities ”;

• (c) in subsection (5), for “best value authority” substitute “ Welsh best value authority ”.

• (3) In section 6 of that Act (performance plans), in subsection (1), for “best value authority” substitute “ Welsh best value authority ”.

Abolition of best value performance reviews

140

Omit section 5 of the Local Government Act 1999 (best value reviews).

Powers to modify enactments etc

Consultation with and consent of Welsh Ministers

141

• (1) In section 16 of the Local Government Act 1999 (power to modify enactments obstructing compliance with best value duties and confer new powers), after subsection (3A) insert—

(3B) In exercising a power under this section, the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers. (3C) In exercising a power under this section, the Secretary of State— (a) must not make provision amending, or modifying or excluding the application of, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales; (b) must not make provision amending, or modifying or excluding the application of, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers. (3D) Subsection (3C) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

• (2) In section 97 of the Local Government Act 2003 (c. 26) (power to modify enactments in connection with charging or trading)—

• (a) for subsection (7) substitute—

(7A) In exercising a power under subsection (1) or (2), the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers. (7B) In exercising a power under subsection (1) or (2), the Secretary of State— (a) must not amend, or repeal or disapply, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales; (b) must not amend, or revoke or disapply, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers. (7C) Subsection (7B) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

;

• (b) in subsection (8), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

• (3) In section 98 of that Act (procedure for orders under section 97), in subsection (2)—

• (a) for “subsection (7)(a)” substitute “ subsection (7A) ”;

• (b) in paragraph (d) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Power of Welsh Ministers to modify enactments obstructing best value etc

142

• (1) In section 16 of the Local Government Act 1999 (c. 27) (power to modify enactments and confer new powers)—

• (a) in the title, after “Power” insert “ of Secretary of State ”;

• (b) after subsection (5) insert—

(6) In this section— (a) “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978); (b) references to a best value authority do not include a Welsh best value authority.

• (2) After section 17 of that Act insert—

(17A) (1) If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh best value authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to— (a) all Welsh best value authorities, (b) particular Welsh best value authorities, or (c) particular descriptions of Welsh best value authority. (2) The Welsh Ministers may by order make provision conferring on— (a) all Welsh best value authorities, (b) particular Welsh best value authorities, or (c) particular descriptions of Welsh best value authority, any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part. (3) An order under this section may— (a) impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval); (b) amend an enactment; (c) include consequential, incidental and transitional provision; (d) make different provision for different cases. (4) The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority. (5) An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence. (6) For the purposes of subsection (5), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted. (7) Subject to subsection (8), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, the National Assembly for Wales. (8) An order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. (9) In exercising a power conferred under subsection (2) a Welsh best value authority shall have regard to any guidance issued by the Welsh Ministers. (10) In this section, “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978). (17B) (1) Before the Welsh Ministers make an order under section 17A they shall consult such authorities or persons as appear to them to be representative of interests affected by their proposals. (2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 17A they shall lay before the National Assembly for Wales a document explaining their proposals and, in particular— (a) setting them out in the form of a draft order, and (b) giving details of consultation under subsection (1). (3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 17A to give effect to the proposals (with or without modification) shall be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid. (4) In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days. (5) In preparing a draft order under section 17A the Welsh Ministers shall consider any representations made during the period mentioned in subsection (3) above. (6) A draft order laid before the National Assembly for Wales in accordance with section 17A(7) shall be accompanied by a statement of the Welsh Ministers giving details of— (a) any representations considered in accordance with subsection (5) above, and (b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above. (7) Nothing in this section applies to an order under section 17A which is made only for the purpose mentioned in section 17A(8).

• (3) Until the commencement of section 144(1), in the provisions inserted by this section references to a Welsh best value authority have effect as if they were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.

Other

Grants to promote or facilitate exercise of functions by best value authorities

143

• (1) In the Local Government Act 2003 (c. 26), after section 36 insert—

(36A) (1) A Minister of the Crown may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a best value authority or best value authorities. (2) The power to make a grant under this section is exercisable only with the consent of— (a) the Treasury, and (b) in the case of a grant in respect of the exercise of functions by a Welsh best value authority, the Welsh Ministers. (3) The power to pay a grant under this section does not include power to pay a grant to a best value authority. (4) The amount of a grant under this section, and the method of payment, are to be such as the Minister of the Crown may determine. (5) A grant under this section may be paid on such conditions as the Minister of the Crown may determine. (6) Conditions under subsection (5) may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid. (7) For the purposes of this section— - “best value authority” includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise; - “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; - “Welsh best value authority” means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999. (36B) (1) The Welsh Ministers may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a Welsh best value authority or Welsh best value authorities. (2) The power to pay a grant under this section does not include power to pay a grant to a best value authority. (3) The amount of a grant under this section, and the method of payment, are to be such as the Welsh Ministers may determine. (4) A grant under this section may be paid on such conditions as the Welsh Ministers may determine. (5) Conditions under subsection (4) may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid. (6) For the purposes of this section— - “best value authority” includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise; - “Welsh best value authority” means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999.

• (2) Until the commencement of section 144(1), the provisions inserted by this section have effect as if—

• (a) the definition of “Welsh best value authority” were omitted; and

• (b) references to a Welsh best value authority were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.

Best value: minor and consequential amendments

144

• (1) In section 1 of the Local Government Act 1999 (best value authorities), in subsection (6) (best value authorities in Wales)—

• (a) for “best value authority in Wales” substitute “ Welsh best value authority ”;

• (b) omit paragraph (c) (police authority).

• (2) Schedule 8 (minor and consequential amendments) has effect.

Part 8 — Local services: inspection and audit

Chapter 1 — Constitution of the Audit Commission

Membership

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of name

146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — Audit Commission and auditors: functions and procedure

Benefits inspections

Powers of the Audit Commission relating to benefits

147

• (1) In section 13 of the Local Government Act 1999 (c. 27) (reports by Audit Commission relating to best value authorities), after subsection (4) insert—

(4A) If a report relates to any extent to the administration of housing benefit or council tax benefit and the Commission thinks fit to do so, it shall as soon as reasonably practicable send a copy of the report to the Secretary of State.

• (2) In section 139D of the Social Security Administration Act 1992 (c. 5) (power of Secretary of State to give directions following report), in subsection (1), after paragraph (ba) insert—

(bb) a copy of a report has been sent to a local authority under subsection (3) of section 13 of the Local Government Act 1999 and to the Secretary of State under subsection (4A) of that section;

.

Benefit Fraud Inspectorate: transfers to the Audit Commission

148

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interaction with other authorities

Interaction of the Audit Commission with other authorities

149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interaction of benefits inspectors with the Audit Commission

150

After section 139B of the Social Security Administration Act 1992 (c. 5) insert—